Orissa High Court
Sukra Kabasi And Others vs State Of Orissa ... Opposite Party on 20 September, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12654 of 2024
Sukra Kabasi and others ... Petitioners
Mr. K.C. Dash, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. M.R. Patra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 20.09.2025
04. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Mr. Krushna Chandra Dash, learned counsel for
the petitioners by filing a memo, which is taken on
record, prays to not press the bail application of
petitioner No.3-Prahallad Kurami. Accordingly, the bail
application of the petitioner No.3-Prahallad Kurami
stands disposed of as not pressed and the present bail
application is only confined to petitioner Nos.1 & 2-
Sukra Kabasi and Bamana Sodi.
3. This is a bail application U/S.483 of BNSS by
the petitioner Nos.1 & 2-Sukra Kabasi and Bamana Sodi
for grant of bail in connection with Malkangiri PS Case
No.180 of 2020 corresponding to CT Case No.100 of
2024 pending in the file of learned Sessions Judge,
Malkangiri, for commission of offences punishable
U/Ss.302/201 of IPC, on the allegation of committing
murder of deceased Samaru Madkami by assaulting him
and pressing his neck on suspecting him to be practizing
sorcery, along with co-accused persons.
4. Heard, Mr. Krushna Chandra Dash, learned
counsel for the petitioner Nos.1 & 2-Sukra Kabasi and
Bamana Sodi and Mr. M.R. Patra, learned Additional
Public Prosecutor in the present matter and perused the
record.
5. Bail to the petitioner Nos.1 & 2-Sukra Kabasi
and Bamana Sodi respectively is mainly sought for on
the ground that they are in custody since 12.01.2024
and 14.11.2023, but co-accused Deba Madkami, Sukra
Kabasi, Adma Madhi and Budra Musaki have already
been acquitted in the trial in the original case and in
support of the acquittal of the co-accused persons, the
copy of judgment was filed before this Court. In such
view of the matter and after having considered the rival
submissions and taking into consideration the nature
and gravity of the offences as alleged against the
petitioner Nos.1 & 2-Sukra Kabasi and Bamana Sodi
respectively vis-à-vis the accusations sought to be
brought against them and there being only omnibus
allegation against the present two petitioners and the
main allegation of compressing or throttling the neck of
the deceased being directed against co-accused
Prahallad Kurami, whose bail application has already
been not pressed and taking into account the other
circumstances on record in entirety including the right
of the accused to be presumed innocent until proven
guilty, this Court without expressing any view on merits
admits the petitioners Sukra Kabasi and Bamana Sodi
to bail.
6. Hence, the bail application of the petitioners
Sukra Kabasi and Bamana Sodi stands allowed and
they are allowed to go on bail on furnishing bail bonds
of Rs.50,000/- (Rupees Fifty Thousand) each with one
solvent surety for the like amount to the satisfaction of
the learned Court in seisin of the case on such terms
and conditions as deem fit and proper by it.
7. Accordingly, the BLAPL stands disposed of.
8. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Subhasmita
Location: High Court of Orissa
